“Federal appeals court says Iowa’s ‘ag-gag’ laws don’t violate free speech; Trespassing ‘harms the privacy and property interests of property owners,’ and trespassers ‘exacerbate that harm when they use a camera while committing their crime,’ the court ruled”: Rox Laird of Courthouse News Service has this report on two decisions (access here and here) that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
“Nazi-Stolen Art Can Stay in Spain After Supreme Court Remand; Ownership of stolen work turns on technical choice of law issue; Ninth Circuit again sides with Spain following SCOTUS ruling”: Kimberly Strawbridge Robinson of Bloomberg Law has this report (subscription required for full access).
Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision on remand from the U.S. Supreme Court‘s ruling in Cassirer v. Thyssen-Bornemisza Collection Found.
“Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman”: Josh Blackman has this post at “The Volokh Conspiracy.”
You can access the amicus brief at this link.
“Supreme Court Appears Likely to Side With Landowners in Fee Case; Courts split on legislative exemption for takings cases; All parties now agree on that narrow question”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
And in earlier related coverage, Robinson also has an article headlined “Pacific Legal Foundation Aims to Extend Supreme Court Win Streak.”
“Biden Gets New Fourth Circuit Vacancy as Wynn Plans to Retire; James Wynn plans to take senior status; Biden could appoint four judges on the 14-member court”: Tiana Headley of Bloomberg Law has this report.
“Law protecting women seeking emergency abortions is target in US supreme court case; Emergency Medical Treatment and Labor Act is at the heart of the court’s latest blockbuster abortion case, which comes out of Idaho”: Carter Sherman of The Guardian has this report.
“An RBG Book for Kids — and Lawyers, Too: With his knowledge of the law, famed author Brad Meltzer’s book for children, published today, has a lot to tell kids about Justice Ruth Bader Ginsburg.” Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”
“Texas Supreme Court Candidate Seeks Removal of Opponent Justice John Devine from Primary Ballot; Attorney Eric Opiela filed a lawsuit to remove Devine from the GOP primary ballot on Walker’s behalf, alleging that Devine failed to secure enough valid petition signatures”: Matt Stringer of The Texas has this report.
“Supreme Court Appears Split Over Notice Requirements for Immigration Court; Although the legal question was narrow, the argument reflected broader debates about the immigration system”: Abbie VanSickle of The New York Times has this report.
“Girardi’s Incompetency Claim Undercut by Timing and an Expletive”: Joyce E. Cutler of Bloomberg Law has this report.
“5 ways the Supreme Court may try to defuse its newest Trump bomb; As the justices confront a historic case with enormous political stakes, they might seek a narrow way out”: Josh Gerstein of Politico has this report.
“FBI urges Supreme Court to protect No Fly list secrecy”: Stephen Dinan of The Washington Times has this report.
“That ‘other’ Supreme Court returns”: Lyle Denniston has this blog post.
“Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment.” Samuel Issacharoff has this blog post at “Just Security.”
“Tanya Chutkan, the judge overseeing Trump’s federal election interference case, appears to be victim of ‘swatting’; Police and fire trucks responded to reports of a shooting at Chutkan’s home, but police determined no shooting had taken place”: Rebecca Shabad, Daniel Barnes, and Michael Kosnar of NBC News have this report.
“U.S. Supreme Court Declines Bid to Rename ‘Brown v. Board of Education’”: Mark Walsh of Education Week has this report.
“Girardi judge cites calls with Erika Jayne, ugly sweater in competency ruling”: Harriet Ryan of The Los Angeles Times has this report.
And Joyce E. Cutler and Maia Spoto of Bloomberg Law report that “Girardi’s Mental Decline Was Exaggerated to Dodge Fraud Trials.”
You can access the order that the U.S. District Court for the Central District of California unsealed last Friday at this link.
“Supreme Court Wrestles With Notices for Immigrant Court Hearings”: Lydia Wheeler of Bloomberg Law has this report.
“Big Supreme Court Term Now Historic With Trump, Abortion Cases”: Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law have this report.
“Trump suggests that, if re-elected, he would have Biden indicted; Trump has argued that former presidents are entitled to absolute immunity from criminal prosecution for any “official acts” conducted during their presidency”: Summer Concepcion of NBC News has this report.
“Public Advisory — January 9, 2024, Oral Arguments in No. 23-3228, United States v. Donald J. Trump”: The U.S. Court of Appeals for the D.C. Circuit has issued this Public Advisory today.
It notes, among other things, that a livestream of tomorrow’s oral argument audio will be available via YouTube. The oral argument is scheduled to begin at 9:30 a.m. tomorrow.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
“What to know as appeals court hears Trump’s immunity claim in election interference case; An appeals court will hear arguments Tuesday over whether Donald Trump is immune from prosecution for his role leading up to Jan. 6 because he was president at the time”: Lawrence Hurley and Daniel Barnes of NBC News have this report.
“61. The October 2023 Term, One Quarter In . . . Friday’s cert. grants in the Trump disqualification and Idaho EMTALA cases round out the docket for what could end up as one of the most momentous terms in the Court’s history.” Steve Vladeck has this post at his “One First” Substack site.
“Trump’s Eligibility, Cash for Clarence, and a Meditation for 2024”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.
“Did an Abortion Ban Cost a Young Texas Woman Her Life? As many conservatives hail the fall of Roe for saving unborn lives, high-risk pregnancy becomes even more perilous.” Stephania Taladrid has this Letter from Texas article in the January 15, 2024 issue of The New Yorker.
“The Supreme Court’s Road to El Dorado; In a major Fifth Amendment case, the Justices consider whether governments can use building permits to extort property owners”: This editorial appeared in Saturday’s edition of The Wall Street Journal.
“Trump’s Supreme Court Blunderbuss: The Supreme Court will decide whether the Colorado court was right to bar the former president from the ballot.” George T. Conway III has this essay online at The Atlantic.
“The Supreme Court to the Ballot Rescue; Trying to ban opposition-party candidates from the ballot will spreads unless the Justices stop it”: This editorial will appear in Monday’s edition of The Wall Street Journal.
“Judicial Notice (01.06.24): In SCOTUS We Trust? A seasoned Supreme Court advocate joins Team Trump, a Biglaw firm gets sued for copying a boutique’s brief, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“US appeals court prevents California from banning guns in most public places”: Nate Raymond of Reuters has this report on an order that a two-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“Supreme Court to Decide Whether Trump Is Eligible for Colorado Ballot; The Colorado Supreme Court ruled last month that the former president could not appear on the state’s Republican primary ballot because he had engaged in insurrection”: Adam Liptak has this front page article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Ann E. Marimow and Patrick Marley have a front page article headlined “Supreme Court says it will decide if Trump qualifies for Colorado ballot.”
In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court agrees to rule soon on whether Trump is barred from running for president.”
In today’s edition of The Wall Street Journal, Jan Wolfe and Jess Bravin have a front page article headlined “Supreme Court Agrees to Hear Trump Appeal of Colorado Ballot Ban; Justices set expedited arguments for Feb. 8.”
John Fritze of USA Today reports that “Supreme Court agrees to hear Trump appeal over Colorado ballot dispute.”
And Stephen Dinan of The Washington Times reports that “Supreme Court will hear Trump’s appeal after Colorado kicked him off the ballot.”
“The Supreme Court’s Election Dilemma; State decisions to bar Donald Trump from the ballot will force the justices to weigh strict originalism against the prospect of political chaos”: Jeffrey Rosen has this installment of The Saturday Essay in today’s edition of The Wall Street Journal.
“What the Supreme Court Should Not Do in Trump’s Disqualification Case”: Law professor Gerard N. Magliocca has this guest essay online at The New York Times.
Also online at The New York Times, columnist Jamelle Bouie has an essay titled “If Trump Is Not an Insurrectionist, What Is He?“
“Fishermen go to Supreme Court saying they may lose family business over federal regulation; Case challenges 1984 Chevron ruling that requires judges to defer to federal agencies”: Alex Swoyer and Stephen Dinan of The Washington Times have this report.